=> => On Jan 17, 2007, at 11:14 AM, Hal Kaplan wrote: => => > M$ has to start by alleging a breach of contract. So the question => > then becomes what provision is so onerous that a licensee has no => > choice but to violate it? => => No, that's not the case at all. Copyright gives you => certain rights to control your work, but not absolute => rights. If I write a book, I can legally force someone to => pay me for the right to read my book. => But I cannot add a restriction that the book only be read in => natural sunlight, and that reading it using => electrically-generated light sources is a violation of their => license to read the book. If I write a hit song, I can => charge you for a copy of the song, but I can't add a => restriction that prohibits you from humming the catchy melody. => => The EULA issues fall into this realm. They are claiming => rights that they simply do not have, but no one dares to => risk the financial burden of challenging them, since justice => has very little to do with who is right, but rather who can => afford the best lawyers for the longest period. => => -- Ed Leafe
Poppycock, Ed! M$ makes a product. You want to use it and you buy it SUBJECT TO THE TERMS of the license agreement. You don't like the agreement? Don't buy the product or negotiate a different agreement. The copyright only protects the holder's right to be compensated for his work. If some jerk wants to stop you from humming his hit song and he makes that clear when you purchase a copy, then you have an agreement with him NOT TO HUM the song. As long as the license agreement does not include any provisions that are illegal or criminal or dangerous to the public safety and well-being (whatever that is), it remains a voluntary, enforceable agreement and has nothing to do with the copyright (although there is some overlap). The only way a EULA would not be enforceable is if M$ required you to commit adultery every time you booted your computer with Windows. This is just an example. Some people may enjoy committing adultery and some people cannot because they are not married or not old enough to be sexually active or too old to be sexually active. But please do not become picayune. B+ HALinNY _______________________________________________ Post Messages to: ProFox@leafe.com Subscription Maintenance: http://leafe.com/mailman/listinfo/profox OT-free version of this list: http://leafe.com/mailman/listinfo/profoxtech ** All postings, unless explicitly stated otherwise, are the opinions of the author, and do not constitute legal or medical advice. This statement is added to the messages for those lawyers who are too stupid to see the obvious.
